What was the outcome of Tenancy Tribunal case 4857073?

The tribunal order states: Summer Wikitahitoria White must pay Mills Gibbon & Co Ltd T/A First National

How much money was awarded in case 4857073?

Filing Fee: $20.44 awarded to landlord; Property Damage: $445.00 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4857073?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4857073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10651766-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4857073?

The tribunal order states: Summer Wikitahitoria White must pay Mills Gibbon & Co Ltd T/A First National

How much money was awarded in case 4857073?

Filing Fee: $20.44 awarded to landlord; Property Damage: $445.00 awarded to landlord; Rent Arrears: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4857073?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4857073?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10651766-Tenancy_Tribunal_Order.pdf.

15B Gisborne Terrace, Opunake, Opunake 4616 Tenancy Tribunal Case 4857073 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4857073 — net $865.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 March 2024	$2,000.00	Rent arrears to 13 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs to wall and glass in door	$445.00	Repairs to wall and glass in door
Net award	$865.44
Total payable by Tenant to Landlord	$865.44

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $2,000.00.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: hole in the hallway wall and broken glass in the front door. The landlord produced photographs of the property from before the tenancy and after it ended confirming that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord filed an invoice for repair of the above damage with their application for $2,437.00. Of this, $220.00 was noted as being the amount required to repair the glass in the front door and $2,217.00 to repair the hole in the hallway wall. The landlord accepted that the amount to repair the hole in the hallway wall was excessive and amended their claim to $220.00 - $250.00 to cover this damage. I have made an award for $445.00.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Mills Gibbon & Co Ltd T/A First National Collective has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4857073 — net $865.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 March 2024	$2,000.00	Rent arrears to 13 March 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs to wall and glass in door	$445.00	Repairs to wall and glass in door
Net award	$865.44
Total payable by Tenant to Landlord	$865.44

Order

Summer Wikitahitoria White must pay Mills Gibbon & Co Ltd T/A First National Collective $865.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $2,000.00.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: hole in the hallway wall and broken glass in the front door. The landlord produced photographs of the property from before the tenancy and after it ended confirming that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord filed an invoice for repair of the above damage with their application for $2,437.00. Of this, $220.00 was noted as being the amount required to repair the glass in the front door and $2,217.00 to repair the hole in the hallway wall. The landlord accepted that the amount to repair the hole in the hallway wall was excessive and amended their claim to $220.00 - $250.00 to cover this damage. I have made an award for $445.00.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Mills Gibbon & Co Ltd T/A First National Collective has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4857073 — Rent arrears at 15B Gisborne Terrace, Opunake, Opunake 4616

At a glance

Tenancy Tribunal case 4857073 — Rent arrears at 15B Gisborne Terrace, Opunake, Opunake 4616

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions